The Middle Templar The Honourable Society of the Middle Temple Issue 49 Winter 2010 Middle Temple Staff Under Treasurer Air Commodore Peter Hilling Executive Assistant & Head of Bench Administration Kristine McGlothlin 020 7427 4804 [email protected] Deputy Under Treasurer Chris Suckling 020 7427 4868 As many will already be aware, I have decided to leave the Inn after six years as the [email protected] Under Treasurer and I expect that my successor will be announced early in the New Year. When I took up the reins back in October 2004, I could not have anticipated what Deputy Under Treasurer (Education) a fulfilling, fascinating and challenging appointment lay ahead of me. The breadth and Christa Richmond diversity of the role never ceases to surprise me and the opportunity to meet so many 020 7427 4800 talented and interesting people remains a constant pleasure. [email protected] I have experienced many memorable occasions, but the quatercentenary events Director of Catering & Marketing culminating in the year-long celebrations in 2008 and the three Royal visits including Colin Davidson Prince William being Called as our Royal Bencher in 2009, are obvious highlights. I 020 7427 4820 have been fortunate to meet so many students whose enthusiasm and determination to [email protected] succeed at the Bar despite the many obstacles in their path have been inspirational. I have also been privileged to get to know scores of Benchers who, regardless of the many Director of Estates demands on their time, provide unfailing support to the Inn and contribute so much to Ian Garwood making it the special place that it is. 020 7427 4840 [email protected] I have witnessed and been involved in a period of significant change in the profession. Students now face aptitude tests, barristers are subject to greater regulatory scrutiny and Director of Finance some may soon be working in 'entities', publicly-funded work is increasingly harder to Andrew Hopkin obtain, and quality assurance for criminal advocates is on the horizon. 020 7427 4800 During the last two years, the Inn has had to face up to the reality of prevailing [email protected] economic conditions. Some difficult and tough choices have had to be taken now so Keeper of the Library that we can invest in our estate in the future. I am confident that by doing so we have Vanessa Hayward built solid foundations for the years ahead. Indeed, there is much for us to celebrate. 020 7427 4830 The Inn's reputation as an open, friendly, diverse and generous organisation is regularly [email protected] reinforced. We continue to be the Inn of choice for many high quality students from varied backgrounds and from all over the world. We offer an excellent annual Archivist programme of events, we continue to improve the quality of our communication with Lesley Whitelaw our members, and we are soon to provide much-improved advocacy training facilities. 020 7427 4837 [email protected] None of this would be possible without our loyal and dedicated staff to whom I offer my personal appreciation. I have been proud to serve this Honourable Society and have Security Officer/Head Porter made many friends here. I wish the Inn and all its members every success in the future. Barry Homer 24 hour: 020 7797 7768 [email protected] Peter Hilling Under Treasurer The Honourable Society of the Middle Temple 2 Plowden Buildings Middle Temple Lane Temple, London EC4Y 9AT Front cover: The Treasurers (2010) of the four Inns of Court: John Leighton Williams QC, Treasury Office Gray’s Inn; The Rt Hon Lord Justice Stanley Burnton, Middle Temple; The Rt Hon Lord Justice Tel: 020 7427 4800 John Laws, Inner Temple; The Rt Hon The Lord Walker of Gestingthorpe, Lincoln’s Inn. Fax: 020 7427 4801 Middle Temple Parliament Chamber. Photograph courtesy of Christopher Christodoulou. [email protected] www.middletemple.org.uk Designed by Kristine McGlothlin and Mike Pearmaine C ONTENTS Officers of the Inn 2 Treasurer’s Foreword 2010 4 South Africa Legal Conference Treasurer 6 Teaching Mediation in Mauritius The Rt Hon Sir Stanley Burnton 8 Justice in the Round Deputy Treasurer 10 Advocacy Training Professor Dawn Oliver in the Bahamas 8 11 Middle Templars in Malaysia Autumn Reader The Rt Hon Lord Justice 12 Grand Day Dinner Andrew Longmore 14 New Benchers Director of 20 The Inn and Its Academics Middle Temple Advocacy Adrian Whitfield QC 22 Employed Bar Reception 24 CPD: A Benefit or A Curse? Master of the Archive 12 Michael Ashe QC 28 An Anglo-American Exchange Master of the Debates 31 Marston’s Returning Home David Reade QC 32 Autumn Reader and the Day Job Masters of the Garden Stephen Lloyd Esq 34 Opening Church Service The Hon Mrs Justice Judith Parker of the Legal Year 36 The Temple Pilgrimage Master of the House Anthony Boswood QC 38 Organ Fund Appeal 36 40 General Smuts Master of the Moots Richard Wilmot-Smith QC 41 Rare Book Sponsorship 42 Best Large Garden Master of the Music Anthony Arlidge QC 43 A Man for All Seasons Master of the Revels 44 Yeats and The Temple His Honour Judge Peter Cowell 46 Coutts & Co A ‘Fleeting’ History Master of the Silver The Hon Mr Justice Ian Burnett 48 48 Beating the Bounds T REASURER’ S F OREWORD Foreword by Master Treasurer As I write, my year of office is drawing Chief Justice Centlivres, had been legal profession (the latter by Jeremy to a close. It has been a privilege to responsible for a famous constitutional Gauntlett SC, who has since been serve the Inn as Treasurer, and very law decision striking down apartheid elected as a Bencher), have made satisfying to have done so. We have legislation.1 The South African headlines in the South African press. had many memorable events, including participants were equally eminent. The We have put all the papers, except the illuminating lectures and wonderful Rule of Law in South Africa is most sensitive, on the Middle Temple music. The timing of Professor Vernon vulnerable: politicians are unhappy to website. Our discussions were Bogdanor’s lecture on “The General see their decisions challenged by stimulating, and the conference highly Election” was serendipitous, on the independent lawyers and struck down enjoyable. At the end of the Monday after the May 6th election, by an independent judiciary, and may conference, I asked a number of black when we knew the results but not who prefer a more compliant judiciary and South African lawyers to let me know would form the Government. The Call legal profession. We went to South how Middle Temple can help them, in to the Bench of Simon Russell Beale, Africa not only to learn from their terms of advocacy training or exchange one of our greatest actors, will long experiences, under a modern written visits or otherwise, and I hope to hear remain in my memory: a Hall packed constitution and a codified law on from them. with Benchers, students and famous judicial review, but also to demonstrate There have been many other guests, including Fiona Shaw, his co- our support for their independence and highlights. Every Call Day is a star in London Assurance, the pianist integrity: in other words, to promote highlight of the year, not just for the Angela Hewitt, Patricia Hodge and the Rule of Law. I should like to think students Called to the Bar, their families Jemma Redgrave, a loud buzz of that they learned from us, too, but what and friends, but for the Inn itself, as we excitement and a wonderfully struck me most was their courage and see and take pride in our new members humorous speech by our new Master. candour in our open discussions and of the Bar who are the future of the Inn. In September, I led a strong their willingness to speak Bench Call is always entertaining, and delegation of Middle Templars to the controversially on politically sensitive also instructive to our students and conference on the Rule of Law that we subjects. Two of the South African young barristers, who see examples of organised in Cape Town. Among our papers for the conference, that on the the way ahead. The exceedingly well- number was Master Longmore, our exercise of the prosecutor’s discretion supported and enjoyable Scholars’ Autumn Reader, whose grandfather, and that on the independence of the Dinner demonstrated how many of our members are committed to the future of Lady (Gwen) Burnton and Sir Stanley Burnton the Inn and of the Bar. On Grand Day we entertained a list of eminent guests, who in addition to the Lord Chancellor and the Treasurers of the other Inns included novelists, musicians and physicians. Master Longmore's reading at his Reader's Feast on 9 November on “Edmund Plowden and the Rule of Law” was brilliant: learned, informative and full of humour. But it would be misleading to ignore the more difficult side of the Inn’s affairs. Reductions in legal aid, changes to the structure of the legal 1. Harris v Minister of the Interior 1952 (2) 428 (AD), [1952] 2 S.A.L.R. 428, referred to in Jackson v Her Majesty’s Attorney General [2005] UKHL 56, the fox- hunting case. The conference was held at the University of Cape Town, where a building is named after Centlivres CJ. 2 THE M IDDLE T EMPLAR W INTER 2010 T REASURER’ S F OREWORD profession, and proposals for a quality Inn will miss a loyal and hard-working Master Dawn Oliver, will score a assurance scheme for criminal servant.